CALIFORNIA FAMILY LAW
...Attorney Fees
......Sanctions
.........Defenses to Sanctions
8 Cards On This Topic:
  • When sanctions were based on misrepresentations, they may be reconsidered after the case is dismissed.
  • Litigation privilege does not protect against sanctions imposed by the court.
  • Appeal which results in reversal is by definition not frivolous; sanction order reversed.
  • No sanctions for appeal brought for harassment where legal basis supported by dictum.
  • Lack of precedential support for claim is not equivalent of finding claim frivolous.
  • Defendant's appeal from this Marvin judgment not frivolous because standards for testing agreements between unmarried cohabitors "still evolving in the courts."
  • Attorney-client privilege may prevent court from determining against whom to assess sanctions.
  • Cannot base sanctions on prior conduct unrelated to incident generating sanctions.